”Public Nuisance” Definition In Arizona

In Armory Park Neighborhood Association v. Episcopal Community Services, 148 Ariz. 1, 4, 712 P.2d 914, 917 (1985), the Arizona Supreme Court defined a public nuisance as "any unreasonable interference with a right common to the general public."

But, the court held that an "interference must be substantial, intentional and unreasonable under the circumstances," and the "utility and reasonableness of the conduct may be balanced . . . against the extent of harm inflicted and the nature of the affected neighborhood." Id. at 7-8, 712 P.2d at 920-21.

Thus, use of land to operate a soup kitchen in a residential area could be temporarily enjoined because that use "unreasonably and significantly interfered with the public health, safety, peace, comfort or convenience." Id. at 10, 712 P.2d at 923.

The offending conduct "affected a considerable number of people" and "unreasonably interfered with a right common to the general public." Id. at 4, 712 P.2d at 917.